What parents should know about ESY and their IEP.

“In New York, if your child goes to ESY, they are not eligible for a diploma.”

Yes, I heard that one recently! Can you believe it!?! ESY is probably one of the main sections of the IEP where the worst advice and most information is passed around.

So, here we go, ESY. Extended School Year. This is an update and compilation of several other posts. Over the years I have written 5 or 6 posts about ESY, I am compiling them all into one. (so don’t look for the others!) Always check your state regs!

ESY and the IEP-What Parents should know.

What is ESY?

ESY (extended school year) is anything that extends beyond the normal six hours a day, 180 days a year.

It is a provision of IDEA and is NOT just summer school. See ESY booklet below, IDEA regs on page 4.

It can be anything (as long as the program has merit and fidelity towards meeting your child’s goals)

ESY is determined by the child’s needs.

It can be year-round tutoring, summer tutoring, summer camps, summer recreation programs and so on.

For older kids it may be 1:1 job training, job shadowing or job coaching. (Some states call it ESS or SES).

It is, and here’s why. Per the PA code (linked above) it states that the IEP team must meet by February 28 to determine eligibility for ESY programming, particularly summer ESY programming. The thought process is, like any other part of the IEP, the parent must be allowed time for due process, should they disagree with the team’s decision. If the team decides that your child does not qualify, you have ample time to file for due process or mediation. If you are interested in having your child attend your district’s summer ESY program, and you do not hear anything by March 1 or 10 or so, I would put in a written request asking about it, if it is not specified in the IEP.

Also worth noting, the PA code calls for a 2/28 eligibility meeting date (NLT), and then a letter NLT 3/31. However, and I really, really, really dislike this. It does use the term “only for severe disabilities.” I still think that those dates are a great ‘best practice.’ My concern is for the borderline kid who has a September or October IEP meeting, and then the team checks the box that says “more information needed.” Before you know it, it’s Memorial Day and no decision is made and mom is fighting for ESY services. The takeaway-Be proactive! Ask in February or March.

So is ESY just for summer?

No. And this is where the part of the PA State Code bothers me. I understand the need to give parents time for DP if necessary. However, the code, as written, implies that ESY is just a summer program and that is not the case. See question one above. It is anything above and beyond the 6-hour 180 day school year. Yes, Saturday programming is much less common. It doesn’t mean that it can’t happen or isn’t an option, if it is what your child needs. I have seen all kinds of great ESY programming take place. Sometimes it was just a tutor for 1-2 hours a week. It does not have to be the canned program that your district offers if that does not meet your child’s needs.

I have had clients whose child’s behavior regresses tremendously over Christmas break, long enough to warrant services. However, what’s more important is that the child gets services, not what they call it. It is very difficult to convince a district to even give services over a holiday break, let alone get them to put it in ESY category. I don’t care what they call it as long as the child’s needs are met.

Are summer camps included or not?

This is where it gets very adversarial with schools. They plan a summer program. They pay staff to run it. It makes sense that they want as many kids as possible to fit into this neat box they have planned. But life isn’t always nice and neat.

ESY programming is based on what the needs are of the child, determined by the IEP. So if you are told “This is the only ESY program we offer” ask for specifics. If they tell you four hours a day, two for math and two for reading, but your child’s needs are social skills, fine motor and executive functioning. How is four hours a day of reading and math appropriate? To answer the question, summer camps are not immediately included nor excluded. If it is a summer camp for speech and language skills and that is what your child needs, you bet I would request that if I could demonstrate that it meets my child’s needs and the district program does not. But if your district is offering speech and language skills as part of ESY, you probably don’t have a good case. It is based on what the child needs.

Before I dig deeper, this is a part of the IEP process. Get it written into the IEP and if the team doesn’t agree, like anything else you have to decide how you are going to sign the PWN/NOREP.

10 Standards for Extended School Year ESY

Individualized Programming-The ESY programming must be in accordance with the IEP, and must be specific to the child. In other words, programming that will help your child achieve her goals, not “Here is our ESY program, it’s Mon-Thurs 9-1, see you there!” It is not necessarily required just because she did not meet some IEP goals, and it is not to be used for education above and beyond what is in the IEP.

No Single Eligibility Factor-They should not just focus on one factor. There are more than two, and ALL must be considered. ESY must be based on multiple criteria and regression cannot be used as a single qualifying factor.

Eligibility factors for ESY:

~regression and recoupment-is she likely to lose critical skills or regress? ~emerging skills-will her educational programming be interrupted, is she on the verge of a breakthrough? ~crucial skill-will a break cause a significant problem in progress being made, such as toileting, verbalizing? ~interfering behavior/physical problem-does she have behaviors that interfere with her education? will an interruption in services disrupt her learning process? ~nature and severity of disability-targeted groups: ASD, PDD, moderate-severe IDD, severe multiple disabilities, serious emotional disturbance ~specific areas of curriculum that need continuous attention-lack of progress toward a goal that will prevent them from meaningful benefit the next year ~parents inability or unwillingness to provide structure at home (are you a speech therapist?) ~rate of progress-little or no progress ~availability of alternative resources ~special circumstances

No cost to parents-self explanatory.

Use of regression, recoupment and predictive data-A student cannot be required to fail first, they do not have to demonstrate regression first. Find out what your state standards are as far as timeline to return to level of achievement.

Emergent skills and critical point of instruction-is she on the brink of a breakthrough or at the critical stage of gaining a new skill, or recently acquired a critical goal?

Nature and severity of disability–

Timing to exercise procedural safeguards– The rule is February 28 in PA as I described above. Check your state’s regs for specifics.

Defined individualized duration and support level-The amount and duration of her ESY services cannot be arbitrarily limited to the school’s summer schedule. It must fit the child’s needs.

Individualized delivery model-Based on the child’s needs, not a one-size-fits-all summer program that the school offers.

ESY must be educationally based-It must be related to IEP goals and services. It is not day care or respite care. It is only to help them reach minimum levels, not to have them surpass their peers.

When you disagree with the IEP team about ESY

The actual dates vary by state, or may not be well defined at all. I know some states define it as a “reasonable amount of time” to decide. So yeah, there we go again with those gray areas of IEP language. But, they should have given you enough notice so that you have time to use your Due Process rights if you wish.

That is one option. When you realize that you are at an impasse, ask for their offer on a PWN and proceed from there. I would try mediation first. Remember, ESY is needs based, so you have to demonstrate that your placement of choice meets your child’s needs, and that theirs does not. That second part is important. If what the district is offering does meet your child’s needs, you’re not likely to prevail.

I also have been in situations (with clients) where all it took was going to mediation and we got it. Sometimes mediation is just a box that they have to check to justify approving the program. No, no school ever told me that–but there were several situations where they just fought us tooth and nail, and then conceded within the first 30 minutes of mediation. Sometimes I think that they need to go back to school boards or whoever and say, “well, they took us to mediation!” I don’t know, maybe I’m totally wrong about it too, I’ve long ago stopped questioning the motives of others in IEP meetings.

Other options for ESY placement

But, let’s say you didn’t do well at mediation, or before you consider Due Process….

Please first compare the cost of an attorney for Due Process vs. the cost of the ESY program. You might find that it is much less to just pay for the program.

Private funding ESY placement

You don’t have money for Due Process or to pay for this ESY placement. I get it, we all live within budgets. Still, don’t throw in the towel. Read this list and see if there is something else you can do.

Look at the website and see if they have financial assistance or scholarships.

See if it might be covered by your insurance, can’t hurt to ask.

See if there is some county/state grant or funding program for stuff like this. For example, our county MH/IDD office used to fund recreational programs, as did our state’s Autism Mini-Grant Program. Both have since been cut, but was a great answer for many families while it lasted.

Hold a fundraiser or even a gofundme type event to ask for help.

Write to both local (Lions, Rotary) and national groups (that support your child’s condition) and see if they have a grant of some kind that you can apply for.

If the ESY placement is a non-profit, ask if you can trade volunteer hours or something in lieu of tuition assistance.

Ask family and friends if they would chip in.

Ask local groups (scouts, etc.) if they would help you fund raise.

6 Common Myths about ESY

1. Myth: ESY is only for regression. If my child is not regressing or at risk of regressing, he/she will not qualify.

Fact: ESY is not only for regression. There are other factors to consider, such as emergence of a new skill. Ask your child’s team leader to show you where it says that regression is the only criteria.

2. Myth: My child has to attend the canned ESY program that the school offers.

Fact: The child’s ESY program must meet their needs as documented on their IEP. ESY is needs driven, just like the rest of the IEP. If, for example, your child has strong speech/language needs and social skills needs, and the team tells you that during ESY they will not have an SLP or Social Skills Instructor on site. That doesn’t sound like it will meet your child’s needs. If your child is at risk of regressing in speech and social skills over the summer, they need those skills maintained over the summer.

3. Myth: You can always choose a camp of some kind for ESY.

Fact: In some cases, a camp is more appropriate, but not always. In the example given above, if you found a summer camp for your child that was language based and had a rich speech, language and social skills curriculum, it sounds like it would be more appropriate for the child’s needs. When looking at camps, you have to ask about the programming. The programming at the camp must meet the specific needs of the child. Furthermore, you also have to demonstrate that the school program will not meet your child’s needs.

4. Myth: You can use LRE as your argument to get out of the school’s canned program.

Fact: Schools are not required to invite nor require attendance of typical children at ESY. It’s quite simple–schools cannot, and do not, require typical children to attend ESY. Why would they? So, this one gets a little tricky. Many kids have “role modeling typical peers” or something similar as an SDI on their IEP. But it’s very difficult to prove that that one SDI outweighs all the others. Unless you have a strong case for the need to be around typical peers, this is not a slam dunk of an argument.

5. Myth: ESY is so that my child can progress and catch up to his/her peers.

Fact: No. This one is really common. But, schools are not required that the child actually make progress during ESY. They only have to demonstrate that the child did not regress. Now, your child may make progress during ESY. Of course school staff don’t actively prevent kids from progressing. But it’s not a requirement.

6. Myth: Every child with an IEP gets ESY.

Fact: No again. Not everyone gets it. Not everyone who asks for it gets it. Lots of families go to Due Process over it, just like the many other parts of the IEP process. Again, check out the other post linked above and learn all the determining criteria for ESY.

Whew! And that’s it! Five blog posts compiled into one. I hope this helps.